MISJUDGING MARIJUANA

The Bush administration has escalated its assault on state
medical-marijuana laws from civil actions to raids on growers.

So far, the raids, including the one on nationally known Oakland Cannabis
Buyers Cooperative in Santa Cruz, last week, have been confined to
California. But eight other states, including Washington, have similar
laws, and could be next.

The only remedy to Drug Enforcement Administration Director Asa
Hutchinson's arsenal of raids, criminal charges and forfeitures is federal
legislation to eliminate the disparity between federal laws, and states'
acknowledgement that some seriously ill patients benefit from using marijuana.

In July, Massachusetts Congressman Barney Frank introduced the States'
Rights to Medical Marijuana Act to permit distributors of medical marijuana
in states where it's permitted to be free from federal prosecution. It
would also move marijuana to a drug category that would permit it to be
distributed through pharmacies.

Joining the liberal Democrat at a press conference supporting the measure
were two Republicans, Rep. Ron Paul of Texas and Rep. Dana Rohrabacher of
California.

The group shows that medical marijuana has widespread support from people
of many political stripes, despite its unfortunate, high-profile support
from groups who want to decriminalize all marijuana use.

Voters in eight Western states and the Hawaii Legislature have been
persuaded by mounting medical evidence that marijuana can assist people
suffering from AIDS, Lou Gehrig's disease and many terminal illnesses, and
have passed laws permitting its use. In 1999, a White House-commissioned
study by the Institute of Medicine concluded marijuana did have medical
benefits. Washington voters approved their initiative in 1998 with 59
percent approval.

The problem is ensuring that marijuana actually is used for medical, not
recreational, purposes. Oregon recently tightened its law when it was found
that one doctor was writing 40 percent of the prescriptions. Congressman
Frank's legislation is the right way to go. It resolves this federal
assault on people trying to assist the seriously ill, and gives this
valuable tool for physicians and patients the respect and regulation it
deserves.